My New Jersey employer was recently advised that our health insurance premuims would be going up considerably. Our HR Director called a broker and wants to go with another insurance company. This insurance company, in order to sign us up at the price quoted, wanted all our employees to fill out a medical "survey." The form asked for names, social security numbers, dates of birth, and very detailed medical information. The form was also a signed release to all my health-care providers and an authorization to let this company, obtain, collect and use" my medical information however it saw fit.

We don't even have a contract with this company - only a tentative quote When I objected the HR Director told me it wasn't really a survey but an application, but this is disingenuous. All employees were required to complete the form and give it to the HR director and, if we didn't want her to see it we could hand it to her in an envelope. I told her this was not acceptable to me and she said I would have to sign a form declining coverage because I was being offered insurance and not cooperating. I told her it is not possible to decline theoretical insurance that may or may not come to fruition. We've not even been told anything about the plan. I asked if I could have the money the company would have spent on my coverage and I could get my own plan and was told "no."

I finally decided that this HR Director was going to make as much trouble for me as possible (because she lives to throw people under the bus), so I filled out the form with such scant information that it could never really be used or investigated. Not even my complete name - and I put it in an envelope and turned it in. I figured this would at least buy me some time until this company comes back to us. I have no idea what will happen then.

But I have pre-existing conditions, including some significant mental health issues in my past, and I have reason to mistrust both the health insurance industry and this particular HR Director. I'm not a paranoid person, just a bit more savvy after some tough lessons.

Could anyone please advise what my rights are here, and if my employer is violating any laws by requiring me to hand THEM my medical history? Any information or suggestions would be greatly appreciated.

Thank you.

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Originally Posted by Marley999

I finally decided that this HR Director was going to make as much trouble for me as possible (because she lives to throw people under the bus), so I filled out the form with such scant information that it could never really be used or investigated. Not even my complete name - and I put it in an envelope and turned it in. I figured this would at least buy me some time until this company comes back to us. I have no idea what will happen then.

But I have pre-existing conditions... Could anyone please advise what my rights are here,

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Hello Marley:

I don't blame you for not trusting either your HR lady OR the insurance company... But, as things are now, I don't think you did yourself any favors.. If your preexisting conditions don't disqualify you for coverage, certainly your "application", if that's what it was, will.

You should also know that you're not going to be successful in hiding your medical history from your insurance carrier. Your ENTIRE medical history has ALREADY been disclosed, because you've signed forms like this before. You sign 'em when you get medical service, and you sign 'em when you get insurance... Your history is housed in the data base of the MIB - Medical Information Bureau. It's just like the credit bureau where they check you out BEFORE they grant you ANYTHING.

Same thing here... So, if you NEED coverage from your employer (and who doesn't?), then you need to clean up the mess you made already. Otherwise, they might accept you, TAKE your money, and then deny you services when you need it most, because you failed to disclose certain things on your app...

Go to the HR lady... Nahhhh. I already don't like that advice... Go to your SUPERVISOR. Tell them what transpired and why. No, don't disclose the medical stuff. Ask them to accompany you to visit the HR lady.

I'm sure others will have their take too.

excon

Thanks much, excon, for your thoughtful consideration - and taking the time to tell me.

You may well be right. And I would also like to clear up a couple things I didn't explain well.

I understand that an insurance company with whom I am actually applying to needs to have my full and truthful medical history and I'm willing to give that, but this was not an enrollment form. It was a survey. And the only way I could complete this process would be to hand my information to a woman who has a long history of being untrustworthy and gossiping. I wasn't even allowed to send the survey directly to the insurance company.

I work for in a small family-run office with an unusual "culture" and whose prejudices I believe could affect my future employment options. I have a right to maintain my privacy.

And I know you speak the truth about all our data already being known at some level, but having just some unrelated company fingering around in my life is not something I'm inclined to permit unless I need to.

And when did health insurance companies start requiring an application process for groups, anyway? When I joined this company (and others) I was added to their plan without questions. Has that universally changed now?

Thank you, again.

I am under the assumption that just like you if your company wanted to change carriers they would. I am unaware of any insurance company taking a "survey" ahead of time. Usually when the new insurance company opens a new policy it is under an "open policy" meaning that anyone can apply and get accepted regardless of past medical history during a certain period - say a month. Why don't you ask just what insurance company is making you fill out the "survey" and contact them on your own and see if they do indeed hand out "surveys" prior to coverage for a small company. Of if you filled out the survey did it have any insurance company's logo or name on it anywhere?

I will assume this is a small company and that coverage is underwritten not merely accepted as a group.

So you have the option to get insurance from another company that is not though your work place.

I can't understand why there was even a question, if you want insurance though any insurance carrier, that is not accepted without underwriting, they have to have a application